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Class Certification Groundwater

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

King & Spalding

Supreme Court Declines to Review “Issue” Class Certification Decision in Toxic Tort Case

King & Spalding on

On March 18, the Supreme Court declined to review a Sixth Circuit decision affirming an Ohio federal court’s order certifying a class on specific issues in a groundwater pollution suit....more

Jones Day

SCOTUS Declines to Review Ruling in Toxic Tort Case

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The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Kilpatrick

SCOTUS declines to review Sixth Circuit decision affirming class issue certification

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Federal Rule 23(c)(4) allows class certification of “particular issues.” The question of “issue” certification has divided the Courts of Appeals, with some courts taking a “narrow” view that issues cannot be certified unless...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

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Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Bradley Arant Boult Cummings LLP

The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

Last week the Sixth Circuit took a big step to extend its reputation as one of the most class-friendly circuits in the country. In Martin v. Behr Dayton Thermal Prods. LLC, Judge Jane Stranch, writing for a unanimous panel,...more

BCLP

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

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On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

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MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

Burr & Forman

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

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Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

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